[Ord. No. 544 §5-1, 2-7-2005]
A.
Significant
industrial users proposing to connect or contribute to the POTW shall
obtain a wastewater contribution permit before connecting or contributing
to the POTW.
B.
All
existing significant industrial users who are connected to the POTW
system prior to the effective date of this Chapter shall obtain a
wastewater contribution permit within one hundred eighty (180) days
after the effective date of this Chapter.
C.
Prior
to the commencement of any increase or change in an industrial user's
contribution of pollutants to the POTW, the industrial user shall
notify the POTW. If the increase or change causes the industrial user
to become a significant industrial user, they shall apply for and
obtain a permit to cover such increase or change. Any increase or
change in an industrial user's contribution of pollutants to the POTW
without prior approval is prohibited.
D.
An
industrial user will be exempted from obtaining a wastewater contribution
permit if the Director determines the industrial user is contributing
only domestic waste. At any time an industrial user is determined
by the Director to be a significant industrial user, such industrial
user shall apply for a wastewater contribution permit within sixty
(60) days of notification and shall obtain such permit within one
hundred twenty (120) days after application.
[Ord. No. 544 §5-2, 2-7-2005]
A.
Significant
industrial users shall complete and file with the Director a wastewater
contribution permit application in the form prescribed by the Director
and shall certify its true accuracy and completeness in the manner
and form specified in 40 CFR 403. In support of and with the application,
the significant industrial user shall submit in units and terms appropriate
for evaluation the following:
1.
Name, address and location, if different from the address, of the
significant industrial user.
2.
SIC number according to the Standard Industrial Classification Manual,
Office of Management and Budget, latest edition.
3.
Wastewater constituents and characteristics including, but not limited to, those mentioned in Sections 705.280 and 705.290 as determined by an approved laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 1204(g) of the Act and contained in 40 CFR 136, as amended.
4.
Time and duration of contribution.
5.
Average daily and maximum wastewater flow rates, including daily,
monthly and seasonal variations if any.
6.
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections and appurtenances thereto by
size, location and elevation.
7.
Description of activities, facilities and plant processes on the
premises including all materials which are or could be discharged
to the POTW.
8.
The nature and concentration of any pollutants in the discharge which
are limited by City, State or Federal pretreatment standards and a
statement regarding whether or not the pretreatment standards are
being met on a consistent basis and, if not, whether additional operation
and maintenance (O&M) and/or additional pretreatment is required
for the significant industrial user to meet pretreatment standards.
9.
Each product produced by type, amount, process and rate of production,
including daily, monthly and seasonal variations if any.
10.
Type and amount of raw materials processed, average and maximum per
day.
11.
Number of employees, hours of plant operation and proposed or actual
hours of operation of pretreatment system.
12.
Such additional information as is deemed necessary or appropriate
by the Director in order to evaluate the permit application. The Director
may allow additional time, if necessary, in which to submit the additional
information.
13.
Any environmental control permits held by or for the facility.
14.
Average and maximum daily flows to the POTW for each regulated process
stream and other streams as necessary to use the combined wastestream
formula of 40 CFR 403.6(e).
15.
Monitoring requirements as specified in 40 CFR 403.12(b)(5).
16.
Certification by a qualified professional indicating whether or not
pretreatment standards are being met on a consistent basis and, if
not, whether additional operation and maintenance and/or additional
pretreatment is required.
[Ord. No. 544 §5-3, 2-7-2005]
All permit applications and industrial user reports must contain
the following certification statement and signed by an authorized
representative of the industrial user:
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system or those persons directly
responsible for gathering the information, the information submitted
is to the best of my knowledge and belief, true, accurate and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations.
All samples and measurements taken are to the best of my knowledge
representative of the permitted wastewater discharge.
All sampling, measurements and analyses were conducted in accordance
with guidelines prescribed in 40 CFR 136 and the wastewater contribution
permit obtained from the City."
[Ord. No. 544 §5-4, 2-7-2005]
The Director will evaluate the data furnished by the industrial
user and may require additional information. Within one hundred twenty
(120) days of receipt of a complete wastewater contribution permit
application, the Director will determine whether or not to issue a
wastewater contribution permit. If no determination is made within
this time period, the application will be deemed denied. The Director
may deny any application for a wastewater contribution permit.
[Ord. No. 544 §5-5, 2-7-2005]
A.
The
Director may modify the wastewater contribution permit for good cause
including, but not limited to, the following:
1.
To incorporate any new or revised Federal, State or local pretreatment
standards or requirements.
2.
To address significant alterations or additions to the industrial
user's operation, processes or wastewater volume or character since
the time of wastewater contribution permit issuance.
3.
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge.
4.
Information indicating that the permitted discharge poses a threat
to the POTW, POTW personnel or the receiving waters.
5.
Violation of any terms or conditions of the wastewater contribution
permit.
6.
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater contribution permit application or in any required
reporting.
7.
Revisions of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13.
8.
To correct typographical or other errors in the wastewater contribution
permit.
9.
To reflect a transfer of the facility ownership and/or operation
to a new owner/operator.
B.
The
filing of a request by the permittee for a wastewater contribution
permit modification does not stay any wastewater contribution permit
condition.
[Ord. No. 544 §5-6, 2-7-2005]
A.
Wastewater
contribution permits shall include such conditions as are reasonably
deemed necessary by the Director to prevent pass through or interference,
protect the quality of the water body receiving the treatment plant's
effluent, protect worker health and safety, facilitate sludge management
and disposal, protect ambient air quality and protect against damage
to the POTW.
B.
Wastewater
contribution permits must contain the following conditions:
1.
A statement that indicates wastewater contribution permit duration,
which in no event shall exceed three (3) years.
2.
A statement that the wastewater contribution permit is non-transferable
without prior notification to and approval from the Director and provisions
for furnishing the new owner or operator with a copy of the existing
wastewater contribution permit.
3.
Effluent limits applicable to the user based on applicable pretreatment
standards in Federal, State and local law.
4.
Self-monitoring, sampling, reporting, notification and recordkeeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency
and sample type based on Federal, State and local law.
5.
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable Federal, State or local law.
C.
Wastewater
contribution permits may contain, but need not be limited to, the
following:
1.
Limits on the average and/or maximum rate of discharge, time of discharge
and/or requirements for flow regulation and equalization.
2.
Requirements for the installation of pretreatment technology, pollution
control or construction of appropriate containment devices designed
to reduce, eliminate or prevent the introduction of pollutants into
the treatment works.
3.
Requirements for the development and implementation of spill control
plans or other special conditions including management practices necessary
to adequately prevent accidental, unanticipated or non-routine discharges.
4.
Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW.
5.
The unit charge or schedule of industrial user charges and fees for
the wastewater discharged to the POTW.
6.
Requirements for installation and maintenance of inspection and sampling
facilities and equipment.
7.
A statement that compliance with the wastewater contribution permit
does not relieve the permittee of responsibility for compliance with
all applicable Federal and State pretreatment standards, including
those which become effective during the term of the wastewater contribution
permit.
8.
Requirements for notification to the Director prior to the commencement
of any new introduction of wastewater constituents or any substantial
change in the volume or character of the wastewater constituents being
introduced into the POTW.
9.
Other conditions as deemed appropriate by the Director to ensure
compliance with this Chapter and State and Federal laws, rules and
regulations.
[Ord. No. 544 §5-7, 2-7-2005]
Wastewater contribution permits shall be issued for a specified
time period, not to exceed three (3) years from the effective date
of the permit. A wastewater contribution permit may be issued for
a period less than three (3) years at the discretion of the Director.
Each wastewater contribution permit will indicate a specific date
upon which it will expire.
[Ord. No. 544 §5-8, 2-7-2005]
A.
Wastewater
contribution permits may be reassigned or transferred to a new owner
and/or operator only if the permittee gives at least ninety (90) days'
advance notice to the Director and the Director approves the wastewater
contribution permit transfer. The notice to the Director must include
a written certification by the new owner and/or operator which:
B.
Failure
to provide such advance notice of a transfer renders the wastewater
contribution permit voidable from the date of facility transfer.
[Ord. No. 544 §5-9, 2-7-2005]
A.
The
Director may revoke a wastewater contribution permit for good cause
including, but not limited to, the following reasons:
1.
Failure to notify the POTW of significant changes to the wastewater
prior to the changed discharge.
2.
Failure to provide prior notification to POTW of changed conditions pursuant to Section 705.400(E).
3.
Misrepresentation or failure to fully disclose all relevant facts
in the wastewater contribution permit application.
4.
Falsifying self-monitoring reports.
5.
Tampering with monitoring equipment.
6.
Refusing to allow the Director timely access to the facility premises
and records.
7.
Failure to meet effluent limitations.
8.
Failure to pay fines.
9.
Failure to pay sewer charges, connection charges or other applicable
fees and charges as determined by the Director.
10.
Failure to meet compliance schedules.
11.
Failure to complete a wastewater questionnaire or the wastewater
contribution permit application.
12.
Failure to provide advance notice of the transfer of a permitted
facility.
13.
Violation of any pretreatment standard or requirement or any terms
of the wastewater contribution permit or this Chapter.
B.
Wastewater
contribution permits shall be voidable upon non-use, cessation of
operations or transfer of business ownership. All wastewater contribution
permits issued to a particular user are void upon the issuance of
a new wastewater contribution permit to that user.
[Ord. No. 544 §5-10, 2-7-2005]
A significant industrial user with an expiring wastewater contribution permit shall apply for wastewater contribution permit reissuance by submitting a complete wastewater contribution permit application in accordance with Section 705.470 a minimum of ninety (90) days prior to the expiration of the industrial user's existing wastewater contribution permit.
[Ord. No. 544 §5-11, 2-7-2005]
A.
An
expired wastewater contribution permit will continue to be effective
and enforceable until the wastewater contribution permit is reissued
if:
1.
The industrial user has submitted a complete wastewater contribution
permit application at least ninety (90) days prior to the expiration
of the user's existing wastewater contribution permit.
2.
The failure to reissue the wastewater contribution permit, prior
to expiration of the previous wastewater contribution permit, is not
due to any act or failure to act on the part of the industrial user.
[Ord. No. 544 §5-12, 2-7-2005]
A.
Any
person, including the industrial user, may petition the Director to
reconsider the terms of a wastewater contribution permit within thirty
(30) days of its issuance.
B.
Failure
to submit a petition for review within thirty (30) days shall be deemed
to be a waiver of the administrative appeal.
C.
In
its petition, the appealing party must indicate the wastewater contribution
permit provisions objected to, the reasons for this objection and
the alternative condition, if any, it seeks to place in the wastewater
contribution permit.
D.
The
effectiveness of the wastewater contribution permit shall not be stayed
pending the appeal.
E.
If
the Director fails to act within thirty (30) days, a request for reconsideration
shall be deemed to be denied. Decisions not to reconsider a wastewater
contribution permit, not to issue a wastewater contribution permit
or not to modify a wastewater contribution permit shall be considered
final administrative action for purposes of judicial review.
[Ord. No. 966, 12-5-2022]
Industrial users authorized by an Industrial Wastewater Contribution
Permit of the City of Strafford to discharge pretreated wastewater
to the City's sanitary sewer collection system will be charged an
annual fee to cover costs incurred by the City for testing, monitoring,
and compliance requirements of that specific industrial user. Such
fee will be evaluated annually for appropriate cost recovery.
